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shall report said completion to the state water commission. The said commission shall immediately thereafter cause to be made a full inspection and examination of the works constructed and shall determine whether the construction of said works is in conformity with law, the terms of the approved application, the rules and regulations of the state water commission, and the permit. The said water commission shall, if said determination is favorable to the applicant, issue a license which shall give the right to the diversion of such an amount of water and to the use thereof as may be necessary to fulfill the purpose of the approved application.
license shall be in such form as may be prescribed by the state water commission under the provisions of this act. But if the said commission shall find, upon inspection and examination of the works constructed, that the construction and condition of said works are not in conformity with the law, the rules and regulations of the state water commission, the terms of the approved application and the terms of the permit, then and in that case the said commission may, after due notice in writing and in the manner provided in sections one thousand and eleven, one thousand and twelve, and one thousand and thirteen of the Code of Civil Procedure to the applicant or the holder of the permit, and a public hearing thereon, refuse to issue said license. And thirty days after the refusal of said commission to issue said license all rights of the applicant and the holder of the permit under said application and permit shall lapse and cease. But the holder of any permit to whom the said water commission may have refused to issue said license, shall have the right to bring an action within thirty days after the said refusal, in the superior court to review said order and to obtain a decree requiring the issuance of such license. And the rights of the holder of any permit so bringing an action shall continue under said permit until the decree in such action has been entered and become final. But until the refusal of the commission to issue said license shall be finally determined by the courts, the permittee shall not take or use any of the water, the taking and using of which is granted to him by said permit. And if the holder of any permit which has been revoked by the state water commission shall not bring an action within said thirty days in the superior court to determine the validity of said revocation, then and in that case all rights of the applicant and of the holder of said permit shall lapse and cease.
Sec. 20. All permits and licenses for the appropriation of water shall be under the terms and conditions of this act, and shall be effective for such time as the water actually appropriated under such permits and licenses shall actually be used for the useful and beneficial purpose for which said water was appropriated, but no longer; and every such permit or license shall include the enumeration of conditions therein which in substance shall include all of the provisions of this section and likewise the statement that any appropriator of water, to whom said permit or license may be issued, shall take the same subject to such conditions as therein expressed; provided, that if, at any time after the expiration of twenty years after the granting of a license, the state, or any city, city and county, municipal water district, irrigation district, lighting district, or any political subdivision of the state shall have the right to purchase the works and property occupied and used under said license and the works built or constructed for the enjoyment of the rights granted under said license; and in the event that the said state, city, city and county, municipal water district, irrigation district, lighting district or political subdivision of the state so desiring to purchase and the said owner of said works and property can not agree upon said purchase price, said price shall be determined in such manner as is now or may hereafter be determined in eminent domain proceedings. If it shall appear to the state water commission at any time after a permit or license is issued as in this act provided; that the permittee or licensee, or the heirs, successors, or assigns of said permittee or licensee, has not put the water granted under said permit or license to the useful or beneficial purpose for which the permit or license was granted, or that the permittee or licensee, or the heirs, successors, or assigns of said permittee or licensee, has ceased to put said water to such useful or beneficial purpose, or that the permittee or licensee, or the heirs, cuccessors or assigns of said permittee or licensee, has failed to observe any of the terms and conditions in the permit or license as issued, then and in that case the said commission, after due notice to the permittee, licensee, or the heirs, successors or assigns of such permittee or licensee, and a hearing
thereon, may revoke said permit or license and deciare the water to be unappropriated and open to further appropriation in accordance with the terms of this act. And the findings and declaration of said commission shall be deemed to be prima facie correct until modified or set aside by a court of competent jurisdiction; provided, that any action brought so to modify or set aside such finding or declaration must be commenced within thirty days after the service of notice of said revocation on said permittee or licensee, his heirs, successors or assigns. And every licensee or permittee under the provisions of this act if he accept such permit or license shall accept the same under the conditions precedent that no value whatsoever in excess of the actual amount paid to the state therefor shall at any time be assigned to or claimed for any permit or license granted or issued under the provisions of this act, or for any rights granted or acquired under the provisions of this act, in respect to the regulation by any competent public authority of the services or the price of the services to be rendered by any permittee or licensee, his heirs, successors or assigns or by the holder of any rights granted or acquired under the provisions of this act, or in respeet to any valuation for purposes of sale to or purchase, whether through condemnation proceedings or otherwise, by the state or any city, city and county, municipal water district, irrigation district, lighting district or any political subdivision of the te, of the rights and property of any permittee or licensee, or the possessor of any rights granted, issued, or acquired under the provisions of this act. The application for a permit by municipalities for the use of water for said municipalities or the inhabitants thereof for domestic purposes shall be considered first in right, irrespective of whether they are first in time; provided, however, that such application for a permit or the granting thereafter of permission to any municipality to appropriate waters, shall not authorize the appropriation of any water for other than municipal purposes, and providing further that where permission to appropriate is granted by the state water commission to any municipality for any quantity of water in excess of the existing municipal needs therefor, that pending the application of the entire appropriation permitted, the state water commission shall have the power to issue permits for the temporary appropriation of the excess of such permitted appropriation over and above the quantity being applied from time to time by such municipality; and providing further, that in lieu of the granting of such temporary permits for appropriation, the state water commission may authorize such municipality to become as to such surplus a public utility, subject to the jurisdiction and control of the railroad commission of the State of California for such period or periods from and after the date of the issuance of such permission to appropriate, as may be allowed for the application to municipal uses of the entire appropriation permitted; and provided, further, that when such municipality shall desire to use the additional water granted in its said application it may so do upon making just compensation for the facilities for taking, conveying and storing such additional water rendered valueless for said purposes, to the person, firm or corporation which constructed said facilities for the temporary use of said excess waters, and which compensation, if not agreed upon between the municipality and said person, firm or corporation, may be determined in the manner provided by law for determining the value of property taken by and through eminent domain proceedings.
Sec. 21. Nothing herein contained shall be construed to deprive the state or any city, city and county, municipal water district, irrigation district, lighting district or political subdivision of the state, or any person, company or corporation of any rights which, under the law of this state they may have, to acquire property by or through eminent domain proceedings.
Sec. 22. Licenses hereafter granted for water or use of water shall be subject to the right of the state to impose the fees and charges provided in this act.
Sec. 23. Every person, firm, association or corporation making application for a permit to appropriate water or the use of water under this act shall pay to the state water commission, at the time of filing said application, if the purpose or use is for the generation of electricity, or electrical or other power, a fee of two dollars and fifty cents for each theoretical horsepower capable of being developed by the works up to one hundred theoretical horsepower, with a minimum fee of twentyfive dollars, and above said one hundred theoretical horsepower
► fee shall be five hundred dollars up to and including ten usand theoretical horsepower, and one thousand dollars above I thousand theoretical horsepower capable of being so deoped or a fee of ten dollars if the purpose be other than
the generation of electricity, or electrical or other power. ery person, firm, association or corporation at the time of eiving a license to appropriate water or the use of water, if
purpose be for the generation of electricity, or electrical other power, shall pay to said commission when the said anse is issued, and annually thereafter, a charge of twenty
cents for each theoretical horsepower capable of being deoped by the proposed works. If the purpose of use is for er than the generation of electricity, or electrical or other ver, every person, firm, association or corporation receiving icense to appropriate water shall pay to the said commission en said license is issued, and annually thereafter, a charge ten cents per miner's inch for each miner's inch specified in
license, and for the purpose of this act forty miner's he shall be equivalent to one cubic foot per second. Proed, however, that no annual charge shall be made when the xropriation is made for use for irrigation purposes upon lands, ; exceeding one hundred and sixty acres in area, to be ually occupied by such appropriator and cultivated in whole in part by him, or when said water is used for mining pures, and the amount of water so used for such mining pures does not exceed five hundred miner's inches, or when
water is used for the generation of power when the same s not exceed fifty horsepower and is for the private use of
appropriator. And all such fees and charges shall forthb be paid into the state treasury by the state water comision, and the fee and annual charges provided in this sec3 shall be subject to change by law at not less than ten r intervals beginning with the date of the license issued by
state water commission. Sec. 24. Upon its own initiative or upon petition signed one or more claimants to water or the use of water upon ? stream, stream system, lake, or other body of water, resting the ascertainment of the relative rights of the various imants to the water or the use of water of that stream, aam system, lake or other body of water, it shall be the y of the state water commission, if, upon investigation it ks the facts and conditions are such as to justify, to make ascertainment of the said rights, fixing a time for the begin6 of the taking of testimony and the making of such invesation as will enable it to ascertain the rights of the various imants. In case suit is brought in the superior court for ermination of rights to water or the use of water, the case y, in the discretion of the court, be transferred to the state ter commission for investigation, as referee. In any case erein the water commission shall proceed to investigate or certain water rights the said commission shall notify in ting in the manner provided in sections one thousand and Ten, one thousand and twelve and one thousand and thirteen the Code of Civil Procedure all persons, firms, associations corporations claiming or possessing any water rights which · to be the subject of ascertainment by the said commission. Sec. 25. Upon the completion of the taking of testimony 1 evidence by the state water commission, the said commisn shall immediately give notice by registered mail to the ious claimants or possessers of water rights that, at a date
place named in the said notices, which date shall not be s than fifteen days nor more than thirty days later than the te of said notice, all of said testimony and evidence will be en to public inspection. And said testimony and evidence all be held open to public inspection at said places for a ecified period of not less than thirty days nor more than rety days, and thereafter the said commission shall cause
findings and ascertainment of the rights of the respective uimants to said water to be made and filed in the superior urt in each of the counties where said water is appropriated. Sec. 26. If any person, firm, association or corporation aiming or possessing any interest in or right to the waters of y stream, stream system, lake or other body of water inived in any investigation or ascertainment by the state water mmission of the rights to the water of said stream, stream stem, lake or other body of water, desires to contest any of le interests in or rights to any of the said waters of any her person, firm, association or corporation such person, firm, sociation or corporation desiring so to contest shall, within o days after the expiration of the period for public inspec
tion prescribed in section twenty-five of this act, notify, in writing, the state water commission of said desire so to contest. Said notice shall state the ground of contest, which shall be verified by the oath of the contestant, his agent or attorney. Within ten days of the receipt of the notice of contest the state water commission shall notify the contestant and the person, firm, association or corporation whose rights are contested to appear before it at a time and place specified in said notice, and that at said time and place said conte;t will be heard; provided, that said time shall not be less than thirty days nor more than sixty days from the date of the service of the notice of the commission; provided, further, that if any person, firm, association or corporation desires to contest any such ascertainment by the state water commission as hereinbefore provided, such contest may be brought as provided in sections 31 and 32 hereof.
Sec. 27. Said notice by said water commission shall be served and return made thereon in the same manner in which summons and return thereon are made in civil actions in the superior courts of this state. The water commission shall have power to adjourn hearings of contest from time to time upon reasonable notice to all parties in interest, and to issue subpænas for and compel the attendance of witnesses to testify before it and produce papers, bocks, maps and other documents.
Sec. 28. The state water commission shall require from the party bringing the contest before it under section twentysix of this act a deposit of five dollars for each day it shall be engaged in taking testimony in such contest. Upon the final ascertainment by the state water commission in any contest, the said commission shall enter an order directing the return of the deposit to the depositor if the contest shall be determined in his favor, but, if the contest shall be determined against the person bringing it, the said deposit shall be immediately paid into the state treasury.
Sec. 29. Not less than fifteen days nor more than thirty days after the expiration of the period during which the testimony and evidence is to be kept open for public inspection, or if any contest shall be made, not less than fiftee days nor more than thirty days after the settlement of said contest by the water commission, the testimony and evidence in the original hearing and the testimony and evidence taken in said contest shall be filed in the office of the water commission.
Sec. 30. The water commission may, in its discretion and in addition to the testimony and evidence submitted to it by the parties claimant to or possessors of water rights on any stream, stream system, lake or other body of water cause to be made an examination of said stream, stream system, lake or other body of water and the works diverting or utilizing water therefrom. Said examination may include the gathering of whatever data covering said stream, stream system, lake or other body of water and the various ditches and canals taking water therefrom as the said commission may require, as well as such other data and information as may, in the discretion of the said commission, be necessary to enable it properly to ascertain the relative rights of the parties claiming rights to use the waters of said stream, stream system, lake, or other body of water. The results of said examination shall be filed in the office of said commission and be open to public inspection as provided in this act for the filing and public inspection of other evidence of a like nature.
Sec. 31. As soon as practicable after the hearing of testimony and evidence, the hearing of contest, and the gathering and filing of such data and information as the water commission shall, of its own motion, direct to be gathered, the said water commission shall record in its office its ascertainment of and specific findings upon the rights of the several claimants to the use of the waters of any stream, stream system, lake or other body of water. Immediately thereafter, the said water commission shall file a certified copy of said ascertainment and specific findings together with the original evidence and testimony taken before it and all data and information gathered by its order with the clerk of the superior court in and for the county in which such stream, stream system, lake or other body of water or any part thereof is situated.
Sec. 32. After the filing with the clerk of the superior court of the evidence, data, information, specific findings and ascertainment as required by section 31 of this act, the same shall be received in the superior court as prima facie evidence of the facts, specific findings and ascertainment therein set forth. And at any time within one year after such filing an
action may be brought, upon the direction of the state water commission, by the attorney general in said superior court in which said evidence, data, information, specific findings and ascertainment shall have been so filed. Or an action may be brought in said court by any one or more of the possessors or claimants concerning wbose rights to any of the waters of the stream, stream system, lake or other body of water the state water commission shall have made the specific findings and ascertainment filed in said court, Said action if brought by the attorney general shall be brought in the name and behalf of the people of the State of California to quiet the title of the State of California or the people thereof to any and all water or water rights which it may have in or on said stream, stream system, lake or other body of water, and, to cause all parties whose rights have been so ascertained to appear and interplead in said action in defense and determination of each and all of their respective rights, which rights, as against the state and with regard to the different rights and priorities of said rights among themselves, shall be determined by the court in said action. And if an action be brought by any one or more of said claimants or possessors, said action may be brought in the name of the said possessor or claimant and to cause all parties, whose rights have been ascertained, to appear and interplead in said action in defense and determination of each and all of their respective rights, which rights, as against the state or the people thereof, and with regard to the different rights and priorities of said rights among themselves shall be determined by the court in said action. And from and after the filing of the complaint in such action, the proceedings therein shall be as in other cases heard and determined in said court, and in accordance with the provisions of the Code of Civil Procedure of this state; provided, that the evidence, data, information, specific findings and ascertainment so filed with the superior court as provided in section 31 of this act must be considered by said court in its determination of both or either of said actions, and the court may affirm, modify or reject such specific findings and ascertainment and may make other or different findings as in its judgment the evidence justifies.
Sec. 33. All existing lawful appropriations of water or the use thereof, shall be and hereby are respected and upheld to extent of the amount of water appropriated and actually put or in process of being put, from the initial date of the act of appropriation, with due diligence in proportion to the magnitude of the work necessary properly to utilize the water for the useful or beneficial purpose for which it was appropriated, or for which it is being used.
Sec. 34. Whenever proceedings shall be instituted for the ascertainment by the state water commission of rights to water or the use of water, it shall be the duty of all claimants interested therein and having notice thereof as in this act provided to appear and submit proof of their respective claims at the time and in the manner required by law; and any such claimant who shall fail to appear in such proceedings and submit proof of his claim shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream, stream system, lake or other body of water, or portion of such stream, stream system, lake or other body of water, embraced in such proceedings, and shall be held to have forfeited all rights to said water or the use of water theretofore claimed by him on such stream, stream system, lake or other body of water, unless entitled to relief under the laws of this state; provided, that such proceedings shall result in an ascertainment by the state water commission and a decree by the superior court based upon such ascertainment and specific findings or a modification of said ascertainment or specific findings.
Sec. 35. In any suit wherein the state is or the people of the state are a party for the determination of a right to the use of the water of any stream, stream system, lake or other body of water, or of any portion of any stream, stream system, lake or other body of water, all who claim the right to use such water shall be made parties. When any such suit has been filed the court may call upon the state water commission to make or furnish a complete hydrographic survey of such stream, stream system, lake or other body of water, in order to obtain all the data necessary to the determination of the rights involved. The disbursements made in litigating the rights involved in such suit may be taxed by the court as in
other equity suits, exclusive of the cost of such hydrographic survey.
Sec. 36. Upon the adjudication of the rights to the use of the water of a stream, or stream system, lake or other body of water, or any portion of a stream, stream system, lake or other body of water, a certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed in the office of the state water commission, and said commission shall deliver to every party in such decree a certified copy thereof upon demand and the payment of the fees provided in this act. And the said commission shall file, for record, in the office of the recorder of each county in which any portion of said stream, stream system, lake or other body of water is situated, a certified copy of said decree. Said decree shall in every case declare as to the water right adjudged to each party, whether riparian or by appropriation, the extent, the priority, amount, purpose of use, point of diversion, and place of use of said water; and, as to water used for irrigation, such decree shall also declare the specific tracts of land to which it shall be appurtenant together with such other conditions as may be necessary to define the right and its priority. But the failure of any party entitled thereto to demand or receive a copy of said decree shall not be considered to have prejudiced him or his rights in any way,
Sec. 37. The power to supervise the distribution of water in accordance with the priorities established under this act, when such supervision does not contravene the authority vested in the judiciary of the state, is hereby vested in the state water commission.
Sec. 38. The diversion or use of water subject to the provisions of this act other than as it is in this act authorized is hereby declared to be a trespass, and the state water commission is hereby authorized to institute in the superior court in and for any county wherein such diversion or use is attempted appropriate action to have such trespass enjoined.
Sec. 39. Water or the use of water which has heretofore been appropriated or acquired, or which shall hereafter be appropriated or acquired for one specific purpose shall not be deemed to be appropriated or acquired for any other or different purpose. And any person, firm, association or corporation applying to the state water commission for a license to appropriate water or the use of water shall state in the application for said license the specific purpose to which it is proposed to put such water or the use thereof. Water heretofore or hereafter appropriated for other than domestic use, may be applied to domestic use, in whole or in part, without a separate and distinct appropriation being made therefor.
And water appropriated for one purpose under the provisions of this act may be subsequently appropriated for other purposes under the provisions of this act; provided, that such subsequent appropriation shall not injure any previous appropriation.
Sec. 40. The state water commission is also authorized and empowered to investigate any natural situation available for reservoirs or reservoir systems for gathering and distributing flood or other waters not under beneficial use in any stream, stream system or lake or other body of water, and to ascertain the feasibility of such projects, including the supply of water that may thereby be made available, the extent and character of the areas that may be thereby irrigated, and make estimate of the cost of such project.
Sec. 41. Nothing in this act shall be construed as depriving any city, city and county, municipal water district, irrigation district or lighting district of the benefit of any law heretofore or hereafter passed for their benefit in regard to the appropriation or acquisition of water or the use of water; and nothing in this act shall affect or limit in any manner whatsoever the right or power of any municipality which has heretofore appropriated or acquired water or the use of water for municipal purposes, to use or to sell or otherwise dispose of such water or the use thereof, either within or without its limits for domestic, irrigation or other purposes, in accordance with laws in effect at the time of the passage of this act.
Sec. 42. The word "water" in this act shall be construed as embracing the term “or use of water"; and the term "or use of water in this act shall be construed as embracing the word "water." Whenever the terms stream, stream system, lake or other body of water or water occurs in this act, such term shall be interpreted to refer only to surface water, and to subterranean streams flowing through known and definite ehannels. But nothing in this act shall be construed as giving confirming any right, or title, or interest to or in the corpus
any water; provided, that the term "useful or beneficial rposes” as used in this act shall not be construed to mean e use in any one year of more than two and one half acre it of water per acre in the irrigation of uncultivated areas of id not devoted to cultivated crops. Sec. 43. Nothing in this act shall be construed as depriv
any person, firm, association or corporation of the right of peal conferred under the laws of this state. Sec. 44. All acts or parts of acts in conflict herewith are eby repealed. Sec. 45. This act shall be known as the "water commisn act." Sec. 46. If any section, subsection, sentence, clause or ase of this act is for any reason held to be unconstitutional, h decision shall not affect the validity of the remaining tions of this act. The legislature hereby declares that it ild have passed this act, and each section, subsection, tence, clause and phrase thereof, irrespective of the fact t any one or more other sections, subsections, sentences, ises or phrases be declared unconstitutional. AND WHEREAS, said regular session of the said islature finally adjourned May 12, 1913, and iety days having not expired since said final journment; Now, therefore, sufficient qualified electors of e State of California have presented to the retary of state their petitions asking that id law and act hereinbefore set forth, so ssed by the legislature and approved by the vernor as hereinbefore stated, be submitted to
electors of the State of California for their proval or rejection. GUMENT IN FAVOR OF WATER COM
MISSION ACT. Full California prosperity without good land les would be impossible. The same is true of iter titles, for California lands need irrigation. ir land titles are good. Titles to our water ghts are not good, and can not be made good der our present laws. To illustrate : First-Our railroad commission valued at 18,000 the property of the East Side Canal d Irrigation Company. The company said it d spent $300,000 litigating its water rights, thout settling them. Second -Certain water rights on Santa Ana rer have been "finally settled” four times by ir expensive lawsuits. A fifth suit is now reatened to "finally settle" them again. Third-In six California irrigation counties ere are now over one hundred live water right wsuits one small county has twenty. California water rights can not be settled by wsuits. There is always some one who can her sue for their water rights all the water ers on every stream, or can compel them to e to prevent him from taking their water. If water user hasn't money to defend his water ht as often as he is sued or to sue everybody 10 tries to take it away from him, he loses it. Our present water laws, therefore, empower h men and corporations to law poorer men d corporations out of their water rights, witht which their lands are useless. Another illustration of the badness of our iter laws: large areas of fertile Madera county ads go unirrigated, while enormous quantities
water are wasted in San Joaquin river, beuse Miller & Lux, riparian owners on that yer, will not permit Madera farmers to use the isting waters. Such conditions interfere with the prosperity
California. There are no lawsuits over water rights and
riparian rights in other states, where they ive water commission laws. Oregon's water commission, in four years, ially settled over 1,000 water rights, at a cost
$10.00 to each claimant, without a single apal to the courts. Wyoming's water commission,
twenty vears, finally settled over 15,000 water ghts, with only ten appeals to the courts.
This California law is modeled on the Oregon law. It is being fought by an association of power and water companies, which spent many thousand dollars lobbying against it in the legislature and in securing forged and unforged signatures to the petition by which it was submitted to the referendum.
Our railroad commission stands between the people and the public service corporations. The water commission will stand, as water commissions in other states stand, between water users and the water grabbers and water hogs.
It is not true that the water commission can take water away from those who have a right to use it.
The law, in terms, recognizes “vested rights" in the use of water. But the commission can take water away from those who, only pretending to use it, prevent others from using it. That probably accounts for much of the fierce corporation opposition to this law. Nor can the commission unsettle California water rights; they are already unsettled, and can not be settled under our present laws. The commission will cheaply, quickly, finally settle California water rights, as similar commissions settle them in other states.
GEORGE C. PARDEE. ARGUMENT AGAINST WATER COMMISSION
ACT. This act seeks to place under the control of a political commission all of the waters of the state, both of surface and underground stream or flow. It repeals all existing laws in regard to the appropriation and use of water, and, if the proposed commission does not perform its duty, or is not able, through lack of means or lack of ability, to handle the vast scheme, we will have no water law.
It is opposed to the policy of such acts as the railroad commission act, in that it does not tend to foster enterprise and prevent oppression, but tends to stifle enterprise and promote oppression. It goes to the inception and not to the use of property rights.
It involves unlimited expense. The $15,000.00 to cover the salaries of the commissioners is the smallest item. What will it cost to make the ascertainment of a single stream in engineering expenses? But the commission can not grant a license to use the water of any stream until it has made an ascertainment as to how much water there is and what rights already exist.
No water can be taken from a surface or subterranean stream, except under a permit from the commission. In order to obtain this permit it is necessary to employ an attorney and engineers, prepare an elaborate application accompanied by maps and other data (Sec. 16), all at large expense. The commission, before it can grant the permit, must ascertain if there is unappropriated water. To do this, it compels all parties using the waters of the stream to prove their rights, which necessitates the employment of attorneys and expert engineers at more expense. If they do not do this they forfeit their rights. The decision of the commission is only an “ascertainment" and is not final, and the matter may be litigated through the courts. Small users can not afford this expense. The tendency will be to take the water from the small users and put it in the hands of large companies.
It is claimed that this bill will prevent control of water by monopolies, and will permit larger appropriations and more general use. This is incorrect. Under the present law, the right to the use of water can only be acquired by putting the water to beneficial use, and when the use ceases the right ceases. The small user has equal chance with the large corporations. Under the bill it will be only large corporations that
can attord to develop water, and as to them the puts a continuing charge, tax and burden upon cost is almost prohibitive. This will retard the every appropriator of water, and is equivalent development of the state to a large extent.
to general taxation in as much as it imposes a The power of regulating rates, controlling the special charge upon a special industry that will use, and compelling adequate service of water have to be repaid by the public where it is pubto the public, is now vested by the state consti- lic use, and borne by the industry itself where it tution in the state board of railroad commis- is a private use. The consumer ultimately pays sioners (State Constitution, Art. XII, Sec. 23). all these expenses.
Besides the expense and cost of appropriating The act does not give the commission power the water, there is an annual charge of ten cents to initiate in any manner the conservation and for every miner's inch of water for irrigation; preservation of water, but im litigation and and $2.50 for each theoretical horse-power up to a burden upon users of water and the public. 100 horse-power, and above that an extra charge,
G. R. FREEMAN. if appropriation is for power purposes.
Act submitted to electors by referendum. Declares nuisance any building or place where acts of lewdness, assignation or prostitution occur, and general reputation admissible to prove existence of nuisance; prescribes procedure for abatement thereof; requires removal and sale of fixtures and movable property used in aid thereof closing premises to any use for one year unless court releases same upon bond of owner; prescribes fees therefor, making same and all costs payable from proceeds of such sale, requiring sale of premises to satisfy any deficiency; makes fines lien upon interest in premises.
WHEREAS, the legislature of the State of Cali- vent the continuance or recurrence of such fornia, in regular session in March, 1913, passed, nuisance. and the governor of the State of California, on Sec. 5. The action when brought shall have the 7th day of April, 1913, approved a certain precedence over all other actions, excepting law and act, which law and act, together with its criminal proceedings, election contests and hear title, is in the words and figures following, ings on injunctions, and in such action evidence to wit:
of the general reputation of the place shall be An act declaring all buildings and places nui
admissible for the purpose of proving the exissances wherein or upon which acts of lewd- tence of said nuisance. If the complaint is filed ness, assignation or prostitution are held or by a citizen, it shall not be dismissed by the occur or which are used for such purposes, plaintiff or for want of prosecution except upon a and providing for the abatement and preven sworn statement made by the complainant and tion of such nuisances by injunction and his attorney, setting forth the reasons why the otherwise.
action should be dismissed, and the dismissal The people of the State of California do enact as ordered by the court. In case of failure to follows:
prosecute any such action with reasonable dili Section 1. The term “person" as used in this gence, or at the request of the plaintiff, the act shall be deemed and held to mean and include
court, in its discretion, may substitute any such individuals, corporations, associations, partner
citizen consenting thereto for such plaintiff. IL
the action is brought by a citizen and the court ships, trustees, lessees, agents and assignees. finds there was no reasonable ground or cause The term "building" as used in this act shall be
for said action, the costs shall be taxed against deemed and held to mean and include so much such citizen. of any building or structure of any kind as is or Sec. 6. Any violation or disobedience of either may be entered through the same outside en- any injunction or order expressly provided for by
this act shall be punished as a contempt of court trance.
by a fine of not less than two hundred dollars Sec. 2. Every building or place used for the
nor more than one thousand dollars, or by impurpose of lewdness, assignation or prostitution
prisonment in the county jail for not less than and every building or place wherein or upon one month nor more than six months, or by both which acts of lewdness, assignation or prostitu- such fine and imprisonment. tion are held or occur, is a nuisance which shall Sec. 7. If the existence of the nuisance be es be enjoined, abated and prevented as hereinafter
tablished in an action as provided herein, an
order of abatement shall be entered as a part of provided, whether the same be a public or pri
the judgment in the case, which order shall direct vate nuisance.
the removal from the building or place of all fix Sec. 3. Whenever there is reason to believe tures, musical instruments and movable property that such nuisance is kept, maintained or exists in used in conducting, maintaining, aiding or abetany county or city and county, the district attor- ting the nuisance, and shall direct the sale thereof ney of said county or city and county, in the name
in the manner provided for the sale of chattels of the people of the State of California, must, or
under execution, and the effectual closing of the
building or place against its use for any purs any citizen of the state resident within said
pose, and so keeping it closed for a period of one county or city and county, in his own name may, year, unless sooner released, as hereinafter promaintain an action in equity to abate and pre- vided. While such order remains in effect as to vent such nuisance and to perpetually enjoin the closing, such building or place shall be and red person or persons conducting or maintaining the main in the custody of the court. For removing
and selling the movable property, the officer shall same, and the owner, lessee or agent of the
be entitled to charge and receive the same fees building, or place, in or upon which such nui
as he would for levying upon and selling like sance exists, from directly or indirectly main
property on execution, and for closing the premtaining or permitting such nuisance.
ises and keeping them closed, a reasonable sum Sec. 4. The complaint in such action must be shall be allowed by the court. verified unless filed by the district attorney.
Sec. 8. The proceeds of the sale of the propa Whenever the existence of such nuisance is
erty, as provided in the preceding section, shall
be applied as follows: shown in such action to the satisfaction of the
1st. To the fees and costs of such removal court or judge thereof, either by verified com
and sale; plaint or affidavit, the court or judge shall allow 2nd. To the allowances and costs of so closing a temporary writ of injunction to abate and pre- and keeping closed such building or place;